Aspecte teoretice și jurisprudențiale privind fundamentul și limitele dreptului statului de executare de a refuza predarea pe baza mandatului european de arestare, în caz de prescripție
Theoretical and case-law aspects of the basis and limits of the executing state's right to refuse surrender on the basis of the European arrest warrant in cases of prescription

Summary/Abstract: In the context of the intensification of criminal phenomena, particularly serious forms of organized crime, the European legislator adopted Framework Decision 2002 /584/JHA on the European Arrest Warrant, as amended, an expression of the philosophy of integration in a judicial area without internal borders and the first legal instrument adopted for the implementation of the principles of mutual trust and mutual recognition of judicial decisions rendered in criminal matters issued by the judicial authorities of the Member States. In order to ensure the effective application of this instrument of international judicial cooperation in criminal matters, Member States are bound by the obligation of loyal cooperation, in accordance with Article 4(3) of the Treaty on European Union. Our theoretical approach will focus on the grounds and limits of the executing State’s right to refuse surrender on the basis of the European arrest warrant, invoking prescription, an analysis that we intend to develop in the light of national and European case law, while emphasizing the need to ensure the full effectiveness of the framework decision as an expression of the free movement of judicial decisions in criminal matters in an area of freedom, security and justice. We would also like to highlight some of the benefits of emerging technology in this field, as artificial intelligence is revolutionizing and offering new opportunities for the field of international judicial cooperation in criminal law.

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